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New York courts will not let a medical-malpractice claim reach a jury unless a physician or other healthcare professional—qualified by training, licensure, and direct clinical experience—confirms that acceptable care was breached and that breach injured the patient. The governing rule appears in Civil Practice Law & Rules § 3012-a, which...
read moreNew Yorkers trust physicians, nurses, and hospitals with their lives, yet data show that preventable errors still injure patients every day. Diagnostic mistakes alone drive nearly 29 percent of all paid malpractice payouts, making them the single largest danger in the state’s healthcare system. Understanding where things most often go...
read moreNew Yorkers file more medical-malpractice claims than residents of any other state, and judges dismiss many of them simply because the two-year-and-six-month deadline in CPLR § 214-a expired before the patient knew it. If a missed diagnosis involves cancer, Lavern’s Law extends the filing window to the date the error...
read moreCerebral palsy, brachial plexus damage, skull fractures, and oxygen deprivation are just a few of the devastating outcomes that fall under the term birth injury. When a delivery team fails to follow accepted obstetric procedures, those injuries rise to medical malpractice—and New York law gives families a limited window to...
read moreIf a patient endures injury or worsened illness due to medical failures, then a basis for legal action may exist. It's important to remember that not every bad outcome in a medical setting constitutes malpractice. It must be shown that the provider's negligence directly caused the patient's injury. Poissant, Nichols,...
read moreHow can you prove medical malpractice under New York law? New York Civil Practice Law and Rules § 214-a provides a 30-month window (from the date of the malpractice or end of treatment) to start a claim, although some exceptions apply. If you suspect you may have a viable claim,...
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